Ov LAN er mipit 1 LORID AGENDA REPORT DATE August 22 2011 TO FROM SUBJECT City Commission Gregory Horwedel City Mnger Multilterl Operting Agreement for Open Burning RECOMMENDATION Tht the City Commission Authorize Plnt City Fire Rescue on behlf of the City of Plnt City to enter in n interlocl greement with the Florid Forest Service Hillsborough County Fire Rescue Hillsborough County Sheriff s Office Tmp Fire Rescue Temple Terrce Fire Deprtment nd the Environmentl Protection Commission of Hillsborough County to ssist with the documenttion nd notifiction of open burning within the City of Plnt City in ccordnce with the restrictions in Chpter 5I2 Florid Administrtive Code EXECUTIVE SUMMARY Plnt City Fire Rescue will be responsible under this greement for the overll dministrtion nd control of residentil open burning within the city limits of Plnt City for reviewing ll uthoriztions issued for initil lnd clering of vegettion for development initil lnd clering for minerl opertions clering of rightofwy for public highwys or rods clering for flood control nd wter dringe chnnels within the city limits MEETING OF August 22 2011 AGENDA ITEM NO 3 d
Plnt City duties 1 Issue permits for which they re responsible uthorizing burning within the city limits of Plnt City to ll pplicnts prior to requesting n Environmentl Protection Commission uthoriztion 2 Notify Environmentl Protection Commission nd Florid Forest Service of ll uthoriztions issued for open burning within the city limits 3 Issue n Advisory Letter or incident report or similr document to the responsible prty in ll cses where open burning is of such size frequency or type of mteril s my be considered violtion of Chpter 1 4 Rules of the Environmentl Protection Commission 4 Submit to Environmentl Protection Commission in timely mnner copies of ll incident reports or Advisory Letters tht were issued s result of residentil or commercil open burning violtion BACKGROUND The intent of the prties to this greement with mutul respect for regultions nd vilble resources is tht prtnership be formed to protect the qulity of the environment nd the lives property nd generl welfre of ll citizens with miniml dupliction of effort FUNDS AVAILABLE Norml dministrtive costs for permit Respectfully Submitted GREGORY HORWEDEL City Mnger
RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PLANT CITY FLORIDA APPROVING A MULTILATERAL OPERATING AGREEMENT WITH ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY RELATING TO DOCUMENTATION AND NOTIFICATION OF OPEN BURNING AND AUTHORIZING THE FIRE CHIEF TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PLANT CITY FLORIDA Section 1 The form of multilterl operting greement between the City of Plnt City nd Environmentl Protection Commission of Hillsborough County relting to documenttion nd notifiction of open burning copy being ttched is hereby pproved nd uthorized Section 2 The Fire Chief is hereby uthorized nd directed to execute sid greement on behlf of the City Adopted by the City Commission on August 22 2011 ATTEST Dniel D Rulerson Myor Commissioner Kerri J Miller City Clerk Approved s to form nd correctness Kenneth W Buchmn City Attorney
OPEN BURNING MULTILATERAL OPERATING AGREEMENT WITH THE FLORIDA FOREST SERVICE HILLSBOROUGH COUNTY FIRE RESCUE HILLSBOROUGH COUNTY SHERIFF OFFICE TAMPA FIRE RESCUE TEMPLE TERRACE FIRE DEPARTMENT THE PLANT CITY FIRE RESCUE AND THE ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY Section 1 Intent The Florid Deprtment of Agriculture nd Consumer Services FDACS through the Florid Forest Service FFS Hillsborough County through Hillsborough County Fire Rescue HCFR the Hillsborough County Sheriff s Office HCSO the City of Tmp through Tmp Fire Rescue TFR the City of Temple Terrce through Temple Terrce Fire Deprtment TTFD the City of Plnt City through the Plnt City Fire Rescue PCFR nd the Environmentl Protection Commission of Hillsborough County EPC through the Air Mngement Division enter into this non binding Multilterl Operting Agreement MOA to cooperte in fulfilling ech gency s responsibility concerning open burning in Hillsborough County including the municiplities of Tmp Temple Terrce nd Plnt City The intent of the prties to this greement with mutul respect for regultions nd vilble resources is tht prtnership be formed to protect the qulity of the environment nd the lives property nd generl welfre of ll citizens with miniml dupliction of effort Section 2 Administrtion 1 All prties shll provide to ech other t the time of signture of the greement listing of pproprite key personnel nd their functions This informtion will be updted nd distributed whenever significnt chnge in personnel occurs This informtion will be updted s needed 2 All prties shll cooperte in providing stff ssistnce to ech other nd in crrying out coordintion investigtions nd evlutions of open burning incidents ffecting the public helth sfety generl welfre nd the environmentl qulity in Hillsborough County 3 Prties undertking responsibility for enforcement ctivities will insure continued nd timely communiction of cse sttus throughout the term of cse ctivity to ll concerned prties to this greement 4 All prties shll provide ech other relevnt informtion nd keep ech other up to dte on their respective rules nd regultions pertining to open burning nd procedures for uthoriztion permitting complince inspections nd enforcement 5 Where pplicble ll prties must bide by the restrictions in Chpter 5I 2 Florid Administrtive Code FAC regrding ll open burning ctivities Pge 1 of 8
Section 3 Responsibilities nd Duties 1 All prties shll provide generl informtion to the public on the pproved methods for conducting open burning in Hillsborough County The prties shll refer individul public inquires to the pproprite gency 2 No open burning should be conducted if the pproprite uthorities determine tht conditions re unfvorble All prties re encourged to follow the generl guidnce for public sfety nd ir qulity concerns s follows The EPC s Division of Air Mngement Air Monitoring Section monitors nd exmines ir pollutnt dt from collection sttions locted throughout Hillsborough County In ddition to these locl sites stff reviews the Ntionl Ocenic nd Atmospheric Administrtion wether forecsts closely If elevted pollutnt levels re pproched or conditions tht my potentilly cuse poor ir qulity re forecst the Executive Director of the EPC my determine to suspend open burning for non griculturlsilviculturl initil lnd clering s uthorized by EPC until conditions improve In the event tht EPC suspends their open burning uthoriztions becuse of ir qulity concerns then EPC will notify ll prties of such nd request tht they consider suspending ll open burning in Hillsborough County until dvised otherwise b Wether conditions such s inversions high winds low humidity drought conditions or other vribles tht my crete hzrdous burning situtions must be considered before open burning is llowed Such dt re reviewed nd evluted by FFS dily to determine if open burning should be permitted or suspended To ensure public sfety ll prties should follow FFS s led prior to llowing open burning in their respective jurisdictions To implement this EPC will include provision in ll their open burn uthoriztions tht the pplicnt must obtin n uthoriztion from FFS prior to strting their burn If FFS is suspending ny types of burns becuse of the drought index nd dryness concerns then EPC open burn permittees will be precluded from burning tht dy c All Fire Deprtments my choose to suspend open burning for which they hve responsibility for within their individul jurisdictions due to fire hzrd concerns including but not limited to lck of vilble resources for prticulr re The Fire Deprtment will notify other MOA members in such cses 3 Environmentl Protection Commission The EPC is n pproved locl progrm for open burning regultion nd my implement its open burning progrm in complince with sec 590 125 6 FS s estblished in Chpter 2011 206 Lws of Florid s estblished by the 2011 Legisltive Session The EPC will be responsible under this greement for reviewing processing nd dministering ll open burning uthoriztions for initil lnd clering of vegettion for development initil lnd clering for minerl opertions clering of rightsofwy for public highwys or rods clering for flood control nd wter dringe chnnels Pge 2 of 8
b EPC duties 1 Conduct inspections nd complince verifictions of ll open burning for initil non griculturlsilviculturl lnd clering s described in Chpter 1 4 Rules of the EPC 2 Issue open burning uthoriztion for pproved initil non griculturlsilviculturl lnd clering pplictions 3 Receive nd respond to ll complints or public inquiries involving non griculturlsilviculturl open burning 4 Review nd ct on incident reports nd Advisory Letters written by HCFR TFR TTFD nd PCFR regrding residentil nd commercil open burning incidents 5 Initite enforcement ction s my be required to ssure complince with regultions for non griculturlsilviculturl open burning 6 Immeditely notify HCSO for response to illegl dumpsites involving illegl burning 7 Mintining n Advisory Letter templte ttched tht HCFR TFR TTFD nd PCFR my utilize by ffixing their respective government logos to the templte In lieu of the Advisory Letter ny gency cn use n incident report or similr document 8 Shll provide to FFS by fcsimile oremil the following informtion regrding permits issued by Hillsborough County EPC Permit number nme loction nd dte s of permitted burning 4 Florid Forest Service b The FFS will be responsible under this greement for reviewing processing nd dministering ll open burning uthoriztions for prescribed burns for hbitt ecosystem mngement nd restortion eg exotics control silviculturl opertions rnge improvement mintennce opertion of griculturl lnd use for the grzing of nimls initil lnd clering for griculture or other griculturl purposes FFS duties 1 Verify nd issue ll open burning intended for griculturl nd silviculturl purposes vi phone or onsite inspection OSI s needed 2 Issue uthoriztions for pproved open burning for griculturl nd silviculturl purposes 3 Receive nd respond to ll complints or public inquiries involving griculturlsilviculturl open burning 4 Notify EPC of ll uthoriztions issued for prescribed burning silviculture griculture nd ecologicl burns in Hillsborough County 5 On dily bsis provide by fcsimile or emil the following informtion regrding FFS uthoriztions in Hillsborough County or n individul municiplity to HCFR TFR TTFD PCFR nd EPC uthoriztion number nme loction nd dte s of uthorized burning 6 Initite enforcement ction s my be required to ssure complince with regultions for griculturlsilviculturl open burning Pge 3 of 8
5 Hillsborough County Fire Rescue The HCFR will be responsible under this greement for the overll dministrtion nd control of residentil open burning within unincorported Hillsborough County b HCFR duties 1 Receive nd respond to ll complints or public inquiries involving residentil open burning 2 Issue n Advisory Letter or incident report or similr document to the responsible prty in ll cses where open burning is of such size frequency or type of mteril s my be considered violtion of Chpter 1 4 Rules of the EPC 3 Submit copy of ll incident reports relting to residentil burning to EPC 4 Submit in timely mnner to the EPC copy of the Advisory Letter nd or the HCFR incident report for ech residentil or commercil open burning incident 6 Hillsborough County Sheriff s Office The HCSO will be responsible under this greement for followup nd enforcement of ll incidents of open burning within Hillsborough County of such size nd type of mteril s to be considered criminl offense b HCSO duties 1 Provide ssistnce with crowd control s my be necessry to insure sfe entry upon direct request from HCFR EPC nd FFS personnel 2 Review ll forwrded open burning reports 3 Initite enforcement ction s my be required to ssure complince with regultions for open burning 7 Tmp Fire Rescue The TFR will be responsible under this greement for reviewing ll uthoriztions for initil lnd clering of vegettion for development initil lnd clering for minerl opertions clering of rightofwy for public highwys or rods clering for flood control nd wter dringe chnnels within the City of Tmp b TFR duties 1 Issue permits for which they re responsible uthorizing burning within the city limits of Tmp to ll pplicnts prior to their requesting n EPC uthoriztion 2 Notify EPC nd FFS of ll uthoriztions issued for open burning within the city limits 3 Issue n Advisory Letter or incident report or similr document to the responsible prty in ll cses where open burning is of such size frequency or type of mteril s my be considered violtion of Chpter 14 Rules of the EPC Pge 4 of 8
4 Submit to EPC in timely mnner copies of ll incident reports or Advisory Letters tht were issued s result of residentil or commercil open burning violtion 8 Temple Terrce Fire Deprtment The TTFD will be responsible under this greement for reviewing ll uthoriztions issued for initil lnd clering of vegettion for development initil lnd clering for minerl opertions clering of rightofwy for public highwys or rods clering for flood control nd wter dringe chnnels within the Temple Terrce city limits b TTFD duties 1 Issue permits for which they re responsible uthorizing burning within the city limits of Temple Terrce to ll pplicnts prior to their requesting n EPC uthoriztion 2 Notify EPC nd FFS of ll uthoriztion issued for open burning within the city limits 3 Issue n Advisory Letter or incident report or similr document to the responsible prty in ll cses where open burning is of such size frequency or type of mteril s my be considered violtion of Chpter 14 Rules of the EPC 4 Submit to EPC in timely mnner copies of ll incident reports or Advisory Letters tht were issued s result of residentil or commercil open burning violtion 9 Plnt City Fire Rescue The PCFR will be responsible under this greement for the overll dministrtion nd control of residentil open burning within the city limits of Plnt City for reviewing ll uthoriztions issued for initil lnd clering of vegettion for development initil lnd clering for minerl opertions clering of rightofwy for public highwys or rods clering for flood control nd wter dringe chnnels within the Plnt City city limits b PCFR duties 1 Issue permits for which they re responsible uthorizing burning within the city limits of Plnt City to ll pplicnts prior to requesting n EPC uthoriztion 2 Notify EPC nd FFS of ll uthoriztions issued for open burning within the city limits 3 Issue n Advisory Letter or incident report or similr document to the responsible prty in ll cses where open burning is of such size frequency or type of mteril s my be considered violtion of Chpter 14 Rules of the EPC 4 Submit to EPC in timely mnner copies of ll incident reports or Advisory Letters tht were issued s result of residentil or commercil open burning violtion Pge 5 of 8
Section 4 Burning of Structures for Trining 1 Burning of structures for trining is subject to the federl sbestos rules 40 CFR 61 Subprt M regrding prior notifiction nd required work prctices The Florid Deprtment of Environmentl Protection DEP hs dopted the federl sbestos regultions by reference nd DEP hs uthorized EPC to ct on its behlf to ensure complince Any locl fire deprtment conducting trining burns shll complete the pproprite notifiction form nd submit it with the required fees or inter orgniztionl chrge to the Air Mngement Division of the EPC t lest ten dys prior to the exercise dte All sbestos nd sbestos contining mteril must be removed from the structure nd properly disposed of in complince with 40 CFR 61 Subprt M prticulrly s these ddress notifiction nd confinement of irborne dust prior to the burning The EPC will provide clrifiction s needed 2 The trining site must be prepred prior to burning s required by NFPA 1403 A representtive from both the EPC nd pproprite fire control gency shll inspect the structure prior to burning to insure the sfety of both the public nd the environment Approvl or dispprovl of the burn site will then be determined After pprovl the EPC will notify the pproprite fire control gency 3 Mterils used to crete the fire shll be in ccordnce with NFPA 1403 Appendix A 4 Following conclusion of the trining fire the locl fire deprtment shll provide copy of the Live Fire Evolution Checklist to the EPC REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Pge 6 of 8
Section 5 Terms of Agreement 1 This greement shll become effective immeditely upon execution by ll prties nd shll remin in effect until terminted by ny prty or superseded by new greement 2 This greement shll be reviewed by ll prties every three yers in order to determine its dequcy nd discuss ny needed revisions 3 Any prty to this greement my terminte prticiption without cuse upon written notice to ll other prties of t lest sixty 60 dys Such ction by ny prty does not nullify or otherwise impct on the effect of this greement for the other prties involved 4 This greement shll be effective when signed by the dministrtive hed or designee of ech prty 5 Upon full execution of this Agreement the previous Memorndum of Agreement dted August 7 2008 is rescinded nd replced by this Agreement AGREED this dy of 2011 Richrd D Grrity Ph D Executive Director Environmentl Protection Commission of Hillsborough County Ronld Rogers Chief Hillsborough County Fire Rescue Jim Krels Director Florid Forest Service Dept of Agriculture nd Consumer Services Sheriff Sheriff Dvid Gee Hillsborough County s Office Thoms Forwrd Chief City of Tmp Fire Rescue Keith Chpmn Chief City of Temple Terrce Fire Dept George Shiley Chief Plnt City Fire Rescue Pge 7 of 8
LOGO HERE OPEN BURNING ADVISORY LETTER YOU HAVE BEEN ISSUED THIS ADVISORY LETTER BECAUSE THIS AGENCY ALLEGES POTENTIAL VIOLATIONS OF OPEN BURNING LAWS AS FURTHER DESCRIBED BELOW PLEASE REVIEW THIS LETTER AND CONTACT OUR PARTNER AGENCY THE ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY EPC AIR MANAGEMENT DIVISION AT 813 6272600 TO DISCUSS THE MATTER Dte Issued Section Township Rnge Responsible Prty Miling Address Phone Number Loction of lleged violtion Dy nd time of lleged violtion If known plese note the pproprite legl cittion s involved Alleged violtion of the Environmentl Protection Commission of Hillsborough County Act ndor Rules pursunt to Chpter 84446 Lws of Florid Act Act Section 13 Unuthorized open burning Act Section 16 Cusing or llowing nuisnce or injury Act Section 17 Cusing wterirnoise pollution Act Section 17 Violting rulestndrd order EPC Rule Chpter s Other Lws The potentil EPC violtions here lleged my not include possible concurrent violtions of other pplicble nuisnce nd environmentl lws locl stte or federl including those of the EPC Fcts believed to constitute lleged violtion By copy of this letter the responsible prty is informed tht this gency believes tht bsed upon the informtion vilble violtion of EPC nd other lws my hve occurred This letter will be forwrded to the EPC If the violtion is substntited pproprite dministrtive or legl ction my be initited by the EPC to ssure complince with the EPC Act nd Rules If you believe tht the bove does not constitute violtion s lleged you re encourged to immeditely contct the investigtor nmed below nd the EPC Air Mngement Division If the violtion is substntited coopertive resolution nd correction my void enforcement ction in this mtter Becuse continution of violtion subsequent to this letter my be considered to be n intentionl violtion it is recommended tht you cese the bove described ctivity nd until this mtter is resolved it is recommended tht you do the following Investigtor Investigtor Phone Number Received by Pge 8 of 8